Basiruddin Mondal v. State Of West Bengal And ORS.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 17 26.6.2025 Sc Ct. no.2 WPA 13553 OF 2025 ------------- Basiruddin Mondal Vs.
State of West Bengal & Ors.
Ms. Susmita Dey (Basu) ....For the Petitioner Mr. N. C. Bihani Mr. Soumyajit Ghosh.
....For the CSTC Affidavits-of-service, filed in Court today, is taken on record.
Ms. Susmita Dey (Basu), learned advocate appears for the petitioner.
Mr. Soumyojit Ghosh, learned counsel led by Mr. N. C. Bihani, learned Senior Counsel appears for the Calcutta State Transport Corporation (for short CSTC).
None appears for the respondents State.
The petitioner retired from services of Calcutta State Transport Corporation (in short, CSTC) on April 30, 2025. The retiral benefits of the petitioner was paid in tranches. The gratuity amount of Rs.15,32,071/- was paid on June 4, 2025. The petitioner was paid 20% of the Provident Fund to the tune of Rs.8,02,000/- on
May 29, 2025. The petitioner claims interest on such delayed payments.
In the aforesaid facts and circumstances, after hearing the parties and considering the materials on record, I find that the petitioner is entitled to receive interest on the gratuity amount of Rs.15,32,071/- from May 01, till June 4, and Rs.8,02,000/- paid on account of Provident Fund from May 01, 2025 till May 29, 2025 @6% per annum. The payment of the principal as also the interest shall be made within a period of three months from the date of communication of a server copy of this order. The CSTC is directed to pay 80% of the unpaid Provident Fund and Leave Salary amount with interest from May 01, 2025 until the actual payment thereof @6% per annum, failing which the entire sum will attract interest @8% per annum.
Nothing further remains to be adjudicated in this writ petition. The same is accordingly disposed of. Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.
All parties including the CSTC shall act on the basis of the server copy of this order without insisting upon production of a certified copy thereof.
(Aniruddha Roy, J.)